Damages in Raleigh Pedestrian Accident Cases
Typically, damages in Raleigh pedestrian accident cases are going to include any medical expenses the pedestrian incurred. Because the statute of limitations is three years from the date of injury, it can be imperative that you speak with a qualified pedestrian collision attorney right away. A lawyer can help give you peace of mind when seeking compensation for the harm you have suffered.
Types of Damages One Should Expect from Pedestrian Claims
Damages in Raleigh pedestrian accident cases can include any future medical expenses their doctors believe the pedestrian will need to have, any permanent injuries incurred, lost wages, any property that is damaged like a bicycle they were walking in the intersection, and pain and suffering.
Pain and suffering is the hardest to quantify, but it speaks to physical pain and emotional or mental suffering from being hit in an accident or being hit in a crosswalk as a pedestrian. One can seek compensatory damages that cover all the elements like lost wages, medical expenses, permanent injury, and pain and suffering. If the conduct of the driver was so egregious, under limited circumstances, one can seek punitive damages.
What is the Likelihood of Punitive Damages?
Punitive means to punish, so one is looking for drunk driving, driving under the influence, driving at an extremely excessive rate of speed, leaving the scene, and things like that. Punitive damages allow for a higher amount of money to be awarded. There is no cap on compensatory damages. There is a cap on punitive damages, but it cannot be more than three times the award of compensatory. Punitive damages may be involved when it is egregious conduct, like drunk driving.
Calculating Damages in Pedestrian Collision Cases
One requests the past medical bills, so one can show the amount of bills that have been paid. If there are any lost wages, one would contact the employer to get some a statement about how much income was lost. If there are some question about future or permanent injury, one might retain a life care planner or a registered nurse to give them an idea about how much the future medical treatment would be. They also consider any property damage and however much it cost to repay it or was damaged. That is how one would arrive at those numbers.
Who is Responsible for Calculating Damages?
The attorney that an individual hires should request bills. They should do all of the due diligence to make sure that the damages in Raleigh pedestrian accident cases are fully assessed. If the insurance company or the driver accepts responsibility, then the client would want to make sure all of their harms are covered.
These things like the bills and a life care planner, depending on the severity, should be taken care of by the attorney for the injured person and presented to the insurance company in an attempt to settle. If it does not settle and goes to trial, then a jury is tasked with looking at all the evidence that the lawyers and the client present about past and future damages and assessing what is and is not appropriate.